The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
To submit such a case even to the superior tribunal of twelve selected
men, in whose election the prisoner has a choice, would, under these
circumstances of indefiniteness of charge, by no means secure for the
accused a just decision. How much less is this likely to be secured
under the circumstances of trial prescribed by the Act?
Let the reader observe too, in passing, the oppressive character of the
Act. The Court is to be closed, unless the woman desires it to be open;
it will generally be painful to the justice that such a case should be
tried with open court. The first action of the law then is to bring the
woman into opposition with that judge who not only, alone, is to
determine the facts on which she is tried, but is also alone to define
the offence.[68]
It may be said by some that should the woman be falsely condemned there
is open to her the means of redress prescribed in this as in all similar
Acts of Parliament. She may sue those concerned for damages, which she
will get if she can prove that she has suffered an injury. I will not
refer here to the great difficulties thrown in the way of any woman
under these Acts obtaining any redress by the special clauses which
refer to that redress. But it would seem as if the whole Act had been so
framed that whereas errors under it should be inevitable, redress should
be impossible. For if she be wrongly condemned for being a prostitute,
how can she get redress for that false condemnation for an offence the
definition of which is absolutely and entirely in the hands of the
person who condemned her?
There is an infinite number of minor oppressions and necessary
illegalities growing out of a law which is itself essentially oppressive
and illegal, such as the intimidation by police, bribery, perpetual
spying and eaves-dropping, the investing of the hospital surgeons with
the powers of magistrate and gaoler in one, and illegal orders, in
contravention even of the Acts themselves, issued by the War Office and
the Admiralty, such as we have already referred to. On these, which are
the vicious fruits of a vicious principle, it is not my object here to
dwell; but there is one point to which, before leaving this part of the
subject, I wish to call the reader’s attention.
Public-domain text, read in full here on John Shaqi.
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